Ex Parte Harkness et al - Page 2


                Appeal No. 2006-3231                                                                            
                Application No. 09/955,691                                                                      

                           1.  A detection apparatus to identify a program comprising:                          
                           a tuner to tune to the program;                                                      
                           a meter coupled to the tuner to record a media link embedded in                      
                       the program tuned by the tuner; and                                                      
                           a program identifier to identify the program tuned by the tuner                      
                       based on the media link recorded by the meter.                                           

                           10.  A data acquisition system to acquire identifying data from a                    
                       program comprising:                                                                      
                           a tuner to tune to the program; and,                                                 
                           a meter coupled to the tuner and arranged to capture first and                       
                       second program identifying data identifying the program tuned by the                     
                       tuner, wherein the first program identifying datum is a media link                       
                       embedded in the program which, when activated, initiates a request for                   
                       information from a content provider via a network, and wherein the                       
                       second program identifying datum is a program identifying datum other                    
                       than a media link.                                                                       

                           18.  The data acquisition system of claim 10 further comprising a                    
                       program identifier, wherein the program identifier is arranged to identify               
                       the program by activating the media link to initiate the request for                     
                       information from the content provider.                                                   
                                                  PRIOR ART                                                     
                    The prior art references of record relied upon by the Examiner in rejecting the             
                appealed claims are:                                                                            
                Lert, Jr. et al. (Lert)    4,677,466  Jun. 30, 1987                                             
                Thomas et al. (Thomas)    5,481,294  Jan. 2, 1996                                               
                Lu et al.  (Lu)     5,594,934  Jan. 14, 1997                                                    
                Killian      6,163,316  Dec. 19, 2000                                                           
                                                 REJECTIONS                                                     
                    Claims 1, 4-6, 24, 29, and 31-33 stand rejected under 35 U.S.C. 102(b) as being             
                clearly anticipated by Thomas.  Claims 7-10, 13-23, 26-28, and 48-50 stand rejected             
                under 35 U.S.C. 103(a) as being unpatentable over Thomas in view of Killian.                    

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